TIRTHANKAR GHOSH
Ranjit Singh Kothari – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Tirthankar Ghosh, J.) :
The present revisional application has been preferred by the petitioners challenging the order dated March 24, 2021 passed by the Learned Metropolitan Magistrate, 4th Court, Calcutta in connection with G.R. Case No. 175 of 2012 (arising out of Shakespeare Sarani P.S. Case no. 12 of 2012) under Sections 420/467/468/471 of Indian Penal Code wherein the learned Magistrate was pleased to allow the application dated 12.12.2018 filed by the Complainant/Enforcement Directorate and directed for appearance of all the accused persons for committing the case to the Special Designated Court as per provisions of Section 44(1)(c) of PMLA, 2002.
2. The relevant part of the application under Section 44 (1)(c) of PMLA, 2002 filed by the Complainant/ED is as follows:
The court affirmed that under Section 44(1)(c) of the PMLA, the Special Court is designated to try both scheduled offences and money laundering offences, emphasizing legislative intent for discretion....
The trial for scheduled offences and money laundering offences must occur in a Special Court as outlined in Section 44(1) of PMLA, reflecting legislative intent for concurrent trials.
Practice and Procedure - Special court - Jurisdiction of - There is no ambiguity in language of Section 44(1)(c) of PMLA. The concerned court, which is trying the scheduled offence, is required to tr....
Point of Law : Application was not maintainable before learned Magistrate, since Court did not have the power to direct recording of statements for it to become a record under the PMLA, the order wh....
The Prevention of Money Laundering Act allows for independent trials, and simultaneous trials for PMLA and predicate offences are not mandated by law.
(1) Offence of money laundering is a stand-alone offence and trial proceedings are completely different to that of scheduled offence. Trial of money laundering offence is independent trial and it is ....
(1) Trial of scheduled offence should take place in Special Court which has taken cognizance of offence of money-laundering.(2) Issue of territorial jurisdiction cannot be decided in a writ petition.
Proceedings under the Prevention of Money Laundering Act are independent and can be based on continuing laundering activities, regardless of the scheduled offence's date of commission.
The Prevention of Money Laundering Act proceedings are independent of the predicate offence and must proceed without delay, reflecting the urgency in addressing economic crimes.
The High Court has the authority to permit the transfer of cases between Special Courts under the Prevention of Corruption and Money Laundering Acts, despite statutory provisions suggesting otherwise....
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